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My neighbor just got evicted

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posted on Feb, 21 2015 @ 01:22 AM
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My neighbor, a sweet woman in her 50's, got evicted because she is slightly autistic. She can get excited and come up and talk to you and wants to get to know you - well, one lady in our apartment complex was offended by this and got a restraining order and said that my neighbor ("Rose") was dangerous and shouldn't be allowed around children.

Because of this, my neighbor got evicted from the apartment complex for being "a danger to the community" and has to find a new place to live. The apartment complex where I live is HUD housing, luckily she was on the waiting list for another place across the state and can move there.

Meanwhile, I don't think it is fair to get a restraining order and brand her as dangerous when she quite obviously isn't and is the sweetest neighbor I've ever had. Someone just took her mannerisms the wrong way.

I wish there was a way for poor people who get trashed like this to find a lawyer so that they could fight back; for her ,the judge said if she leaves town, then he will seal the restraining order and everything so she won't have a record. But I would have wanted to fight back if I was her.




posted on Feb, 21 2015 @ 01:27 AM
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do the same to the one who did it why not karma is a b*** imo

i have a nabor who is overly intrusive should i say and downright spys on us

how do i handle it about the same as most know its harmless some old ladie with nothing better to do

ffs people be more tolerant u cant control things outside ur front yard



posted on Feb, 21 2015 @ 01:32 AM
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a reply to: darkbake

She needs to sue. Just because the restraining order was issued does not mean the lady is protected. She can be sued for filing a false restraining order. What allegation was made in the restraining order? Was it accurate?



posted on Feb, 21 2015 @ 01:35 AM
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a reply to: darkbake

She should have gone to Legal Aid or social services could have given her the name of a similar service. I don't think you can get a restraining order simply because someone gets excited and talks to you and wants to get to know you. If it rose to the level of physical attacks, threats or harassment, then yes. Obviously, the person who appeared before a judge managed to convince him/her that one of those conditions was met.

Tenants have a legal right to peaceful enjoyment of the premises and if someone is preventing that they probably should be evicted. Of course, I don't know exactly what happened in this case but if the woman who had a restraining order issued against her repeatedly knocked on the woman's door after being told not to, accosted her in the halls and on the property, followed and stalked her and just plain wouldn't leave her alone, that probably does constitute harassment. If the court declared her a "danger to the community", there's far more to this story than you know about. Her behavior around this other person may have been far more extreme than the behavior you experienced.



posted on Feb, 21 2015 @ 01:38 AM
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a reply to: darkbake

Sounds like another case of 'The evidence I submit in support of my allegation is my accusation."



posted on Feb, 21 2015 @ 01:42 AM
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a reply to: Tangerine

What happens is the temporary order is given based on the initial complaint. A more permanent one requires a later court date. People often lie to get the initial one and then let it drop.

The recourse for this is to sue them for money, I would sue for $5k (or whatever the statutory max is)



posted on Feb, 21 2015 @ 02:02 AM
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originally posted by: OccamsRazor04
a reply to: Tangerine

What happens is the temporary order is given based on the initial complaint. A more permanent one requires a later court date. People often lie to get the initial one and then let it drop.

The recourse for this is to sue them for money, I would sue for $5k (or whatever the statutory max is)


The "danger to the community" part suggests that there's more to this. I'm not aware that that's part of a standard restraining order. I'm also not aware of cases in which there's an agreement that the party leaves town. In order for such an agreement to take place, the party would have had to have testified in court and reached an agreement. Let's not forget that the OP implied that the woman's behavior was pretty far out of the norm.

Of course I don't know the details of this situation but it brings to mind the character in "Two and a Half Men"--I think her name was Rose. She used to climb up the balcony and enter the home of the Charlie Sheen character uninvited. He didn't seem to mind. However, someone who behaved like that would freak out most people. The OP may not have minded the behavior of the neighbor she was talking about while others may have perceived the same behavior as being unbalanced, invasive and threatening. Then, too, she may have responded in a threatening or physical manner when rejected by the other woman.


edit on 21-2-2015 by Tangerine because: (no reason given)

edit on 21-2-2015 by Tangerine because: (no reason given)



posted on Feb, 21 2015 @ 02:09 AM
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a reply to: Tangerine

Who determined "danger to the community", was it a decision of a court, or the apartment complex based on a restraining order? There is no information given to conclude who is at fault. My advice remains the same, sue them. Present the facts, if wrongdoing occurred she will be compensated.



posted on Feb, 21 2015 @ 02:18 AM
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originally posted by: OccamsRazor04
a reply to: Tangerine

Who determined "danger to the community", was it a decision of a court, or the apartment complex based on a restraining order? There is no information given to conclude who is at fault. My advice remains the same, sue them. Present the facts, if wrongdoing occurred she will be compensated.


I went back and read the OP's post. She said the apartment complex not the court determined that the woman was a danger to the community. Of course she could sue, but who would pay for the court costs and legal representation? Has it occurred to you that the eviction may have been justified?

I have had an experience with what sounds like a similar situation. I lived in a building where a woman would not leave me alone. She put notes under my door, read my mail, called me, and approached me at every opportunity. She wanted to become my best friend. Although I did not feel physically threatened by her, it became obvious that she was mentally ill. I finally told her in no uncertain terms that if she spoke to me or left notes or bothered me in any way, I would call the police and get a restraining order. Fortunately, it worked. I later found out that she had done the same thing to a woman who lived across the street. The woman across the street, who lived on the second floor of her building, said she would glance out her window and this stalker would be standing in the yard staring up at her window. She would open her door to leave her apartment and run into the stalker who had been standing there for who knows how long waiting for her to exit. Eventually, I heard other stories of her physically attacking people.

People are not obligated to befriend others and are sometimes wise to not do so.
edit on 21-2-2015 by Tangerine because: (no reason given)



posted on Feb, 21 2015 @ 02:26 AM
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originally posted by: Tangerine

originally posted by: OccamsRazor04
a reply to: Tangerine

Who determined "danger to the community", was it a decision of a court, or the apartment complex based on a restraining order? There is no information given to conclude who is at fault. My advice remains the same, sue them. Present the facts, if wrongdoing occurred she will be compensated.


I went back and read the OP's post. She said the apartment complex not the court determined that the woman was a danger to the community. Of course she could sue, but who would pay for the court costs and legal representation? Has it occurred to you that the eviction may have been justified?

No it hasn't, because it's not my place to determine who is justified. Small claims needs no legal representation, filing fees are small, and because she is autistic I bet she could find someone who would represent her for little to no cost.

So again, my response is the same, if the lady was wronged she has legal recourse. If the order of protection was obtained under false pretenses, sue.



posted on Feb, 21 2015 @ 03:13 AM
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originally posted by: OccamsRazor04
a reply to: darkbake

What allegation was made in the restraining order? Was it accurate?


No, the allegation was that Rose was "dangerous" for some reason... I asked around, but I still don't know the details. I got the impression that her personality scared the lady, though.

There could be more to the story... there is a limit to the amount I'll ever know, I'm afraid.


originally posted by: OccamsRazor04
a reply to: Tangerine

Who determined "danger to the community"


The apartment complex determined she was a danger to the community, not the courts...
edit on 21amSat, 21 Feb 2015 03:16:03 -0600kbamkAmerica/Chicago by darkbake because: (no reason given)

edit on 21amSat, 21 Feb 2015 03:18:52 -0600kbamkAmerica/Chicago by darkbake because: (no reason given)

edit on 21amSat, 21 Feb 2015 03:19:58 -0600kbamkAmerica/Chicago by darkbake because: (no reason given)

edit on 21amSat, 21 Feb 2015 03:20:20 -0600kbamkAmerica/Chicago by darkbake because: (no reason given)



posted on Feb, 21 2015 @ 03:20 AM
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a reply to: darkbake

My advice is the same as before. If false testimony led to a restraining order she should sue. The testimony can't be she is dangerous, that's a conclusion. Why she is dangerous is the testimony that was given. That's her recourse. She 100% should do it if it happened.
edit on 21-2-2015 by OccamsRazor04 because: (no reason given)



posted on Feb, 21 2015 @ 03:21 AM
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a reply to: OccamsRazor04

Thanks, I tend to agree with you on this.



posted on Feb, 21 2015 @ 03:26 AM
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a reply to: darkbake

If she was wronged I hope justice is served.



posted on Feb, 21 2015 @ 06:18 AM
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I had a neighbour who made complaints about me, none of it true! After some thought I managed to shut her up for good by placing a large sign in my garden listing all the complaints she had made.
She complained about the sign!

If there's one thing the complainers dont like, its the attention going in THEIR direction!

Darkbake, Let all your neighbours know what that person did!



posted on Feb, 21 2015 @ 06:21 AM
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Some people are so isolated and paranoid, when someone gets in their comfort space they feel threatened. If more people were open and friendly like this women, maybe the world wouldn't be so messed up like it is. If this lady had autism, I would think she had some basic rights because of her mental condition.



posted on Feb, 21 2015 @ 06:23 AM
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a reply to: WeRpeons

Mental illnesses do not allow you to to be threatening. We may want to be more understanding towards her, but she has the same rights as the rest of us.

I honestly think the thread is pretty well covered. None of us know what happened so we can't pick a side. There is recourse for the woman if she was indeed the victim of false accusations. I truly hope whoever deserves justice gets it.



posted on Feb, 21 2015 @ 07:02 AM
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originally posted by: darkbake

originally posted by: OccamsRazor04
a reply to: darkbake

What allegation was made in the restraining order? Was it accurate?


No, the allegation was that Rose was "dangerous" for some reason... I asked around, but I still don't know the details. I got the impression that her personality scared the lady, though.

There could be more to the story... there is a limit to the amount I'll ever know, I'm afraid.


originally posted by: OccamsRazor04
a reply to: Tangerine

Who determined "danger to the community"


The apartment complex determined she was a danger to the community, not the courts...



May I ask, do you know what is her mental capacity, if you know? For example, my daughter is nearly 20, but operates closer to a 12 year level on her good days, 8 on her worst. She can be extremely friendly and because of her autism has no knowledge of personal space. She gets very close to people, almost touching. Now most don't mind because they see her friendliness and let this go, but some do get offended and this greatly hurts her feelings. Some autistics don't understand the world the way we do. Obviously they see things differently. Right now my daughter lives in a group home and is still in high school and is eligible for high school until she is 25. Most of her classes involve life skills, as well as the group home teaching her life skills.


Edit:
For those suggesting Rose should sue, sadly, she may lack the emotional understanding and capacity to sue. Someone may have to do this on her behalf.
edit on 2/21/2015 by Anyafaj because: (no reason given)



posted on Feb, 21 2015 @ 08:03 PM
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a reply to: Anyafaj

If she lives by herself then she is probably higher functioning than your child. She may need assistance, but due to her condition she should find it easy to find help, and if she is truly low functioning she should already have a guardian assigned.



posted on Feb, 21 2015 @ 08:44 PM
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originally posted by: OccamsRazor04
a reply to: Anyafaj

If she lives by herself then she is probably higher functioning than your child. She may need assistance, but due to her condition she should find it easy to find help, and if she is truly low functioning she should already have a guardian assigned.




I agree, it's just you never know, that's why I asked. She may have a home health nurse who comes in now and again to help with certain things, then again, as you said higher functioning. What got me wondering, was her wanting to be close to everyone. Sometimes people on the lower end of the Spectrum can be like that, then again, as I said, you never know.



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